STAFF REPORT
DATE: January 12, 2021
TO: Justin Hess, City Manager
FROM: Dawn Roth Lindell, General Manager, Burbank Water and Power BY: Lyndsey Kramer, Executive Assistant
SUBJECT: Update on Efforts to Mitigate Outages Caused by Mylar Balloons
RECOMMENDATION
Direct staff to either continue with current efforts, or to provide additional information for an alternative action regarding outages caused by Mylar balloon s within the City of Burbank.
BACKGROUND
At the December 15, 2020 City Council Meeting, Council Member Anthony requested a status update on Burbank’s decision to ban the sale of Mylar balloons within the City.
Burbank Water and Power (BWP) remains one of the most reliable electric utilities in the nation with 99.99% reliability. Providing affordable, reliable, and sustainable service to Burbank’s customers is a top priority. However, one common cause of power outages in the City is contact between a Mylar balloon and a power line. Mylar balloons are made with Mylar nylon and are typically coated with a thin metallic finish on the outer surface.
The metallic finish can cause an electrical arc when it comes in contact with, or close to, a power line . Mylar balloons are a safety hazard and can cause unnecessary power outages, arcing between power lines, explosions, damage to infrastructure leading to downed power lines, and can pose a safety risk to a utility employee working on equipment.
Current law, Article 9, Section 4 -1-901 of the BMC , mandates signage requirements regarding the sale of metallic balloons warning of the potential hazard that could occur from the release of metallic balloons . Additionally, Senate Bill (SB) 1990 (Ayala, 1990), also known as the “Balloon Law” prohibits the sale or distribution of a balloon which is either constructed of electrically conductive material or is attached to electrically ATTACHMENT 2
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conductive string, tether, streamer, or other electrically conductive appurtenance, unless a specific weight and consumer warning regarding power lines are affixed to the balloon and the manufacturers identification printed on it. A violation is a punishable infraction by a fine not to exceed $100. Multiple violations of three offenses are a misdemeanor. SB 1990 does not apply to manned hot air balloons, or to balloons used in governmental or scientific research purposes.
In February 2008, staff presented a report to the City Council regarding the potential safety risks associated with Mylar balloons and the ir ability to cause power outages (Attachment 1). At that time, Council directed staff to work with former Senator Jack Scott, and industry organizations, including California Municipal Utilities Association (CMUA), Southern California Public Power Authority (SCPPA) , the League of California Cities (LOCC), and California Public Utilities Commission (CPUC) to pursue a statewide ban on Mylar balloons.
DISCUSSION
Since 2000, Mylar balloons have been the number one cause of outages in Burbank resulting in 206 outages (14% of total outages ), equating to 189 hours of customer interruption. Most incidents have not caused a sustained feeder outage due to BWP’s application of protective reclosures on most circuits with overhead lines. However, Mylar balloons still contribute to more localized outages, put additional electrical stress on station circuit breakers and distribution equipment, and create a potential safety hazard for arcing and explosions that can occur when Mylar balloons come in contact , or come close, to power lines.
BWP periodically distributes educational materials to the public regarding the impact of Mylar balloons and ways they can help mitigate associated risks.
Over the years, BWP, and other publicly owned utilities (POUs), have worked with CMUA and SCPPA to continue to advocate for legislation regarding Mylar balloons at the state legislature. Here’s a brief legislative history:
• PASSED - AB 2450 (Quirk, 2018): Chapter 262, Statutes of 2018, requires manufacturers of balloons constructed of electrically conductive material in California to permanently mark each balloon with a warning about the dangerous risk of fires if a balloon comes in contact with an electrical power line. The City of Burbank took a support position on this Bill.
• FAILED - AB 1091 (Quirk, 2017): would have amended Penal Code Section 653.1 to criminalize willful release of a balloon made of electrically conductive material and would have prohibited the release of these balloons even during a public or civic event, promotional activity, or product advertisement. N ote: AB 1091 was ATTACHMENT 2
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vetoed by Governor Brown, stating, “I do not believe that expanded criminal liability is the best solution to the problem of electrically conductive balloons interfering with power lines…our Penal Code is already far too complex and unnecessarily proscriptive.” BWP worked with industry organizations on advocacy for this bill.
• FAILED - AB 2709 (Quirk, 2016): would have made it a crime to sell, distribute or release outdoors any balloon constructed of electrically conductive material or any balloon that is attached to an electrically conductive material. AB 2709 would have exempted balloons that are not designed to be buoyant in ambient air when filled with any gas. BWP worked with industry organizations on advocacy for this bill.
• FAILED - SB 1499 (Scott, 2008): would have specified the type of weight that must be attached to a metallic balloon and the specifications for the required warning .
SB 1499 would have prohibited a manufacturer or distributor from shipping these types of balloons to retailers without including a notice describing the retailer’s responsibilities. SB 1499 would have increased the applicable fine for violation from $100 to $250. The City of Burbank took a support position on this Bill.
• PASSED - SB 1990 (Ayala, 1990): prohibits the sale or distribution of a balloon which is either constructed of electrically conductive material or is attached to electrically conductive string unless a specified weight and consumer warning regarding power lines are affixed to the balloon and the manufacturers identification printed on it.
BWP has continued to partner with California Municipal Utilities Association (CMUA), Southern California Public Power Authority (SCPPA), the League of California Cities (LOCC), and California Public Utilities Commission (CPUC) to pursue a statewide ban on Mylar balloons. Despite legislative efforts, BWP has not seen a reduction in Mylar balloon outages. The legislature remains hesitant to enact a statewide ban on Mylar balloons and it may be a challenge this year due to the impacts of COVID-19. Previous legislation that has sought to impose penalties on customers related to damages or outages associated with the release of Mylar balloons has failed to pass. Enforcement and accountability associated with the release of a M ylar balloon would be a challenge. However, at the local level, there is an opportunity to address the risks posed by Mylar balloons.
On October 13, 2020, the City of Glendale adopted a local citywide ban prohibiting the sale of Mylar balloons. The City of Glendale’s ordinanc e prohibits the sale of Mylar balloons, or metallic balloons made of electrically conductive materials filled with helium or gas which is lighter than air, within the City of Glendale. The ordinance exempts the sale of Mylar Balloons filled with air if they are attached or mounted to a post or other decorative structure at the point of sale. The City Council could direct staff to pursue a similar ordinance if desired.
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FISCAL IMPACT
Current expenditures related to Mylar balloon mitigation efforts include memberships in industry organizations, staff time associated with researching and developing legislative correspondence, marketing materials, and printing and distributing educational materials to customers.
Should the City Council direct staff to pursue an ordinance related to the sale of Mylar balloons within the City of Burbank , additional costs incurred would include: staff time associated with creating an ordinance, enforcement of the ord inance, and printing and distributing required notifications to the public and businesses.
CONCLUSION
Staff recommends that the City Council direct staff to either continue with current efforts, or to provide additional information for an alternative action regarding outages caused by Mylar balloons within the City of Burbank.
ATTACHMENT
Attachment 1 – Staff Report Regarding a Statewide Ban on Mylar Balloons dated February 12, 2008
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